Ms. Ros-Lehtinen (for
herself and Mr. Sherman) introduced
the following bill; which was referred to the
Committee on Foreign
Affairs, and in addition to the Committees on
Oversight and Government
Reform, the
Judiciary, Science,
Space, and Technology, Financial Services, and
Transportation and
Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned

A BILL

To provide for the imposition of sanctions with respect
to foreign persons who transfer to or acquire from Iran, North Korea, or Syria
certain goods, services, or technology that contribute to the proliferation
activities of Iran, North Korea, or Syria, and for other
purposes.

1.

Short title and table of
contents

(a)

Short
title

This Act may be cited
as the Iran, North Korea, and Syria
Nonproliferation Accountability Act of 2013.

(b)

Table of
contents

The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Statement of policy.

Sec. 3. Imposition of sanctions against certain foreign
persons.

Sec. 4. Determination exempting a foreign person from the
imposition of certain sanctions.

Sec. 5. Restrictions on nuclear cooperation with countries
aiding proliferation by Iran, North Korea, or Syria.

Sec. 6. Identification of countries that enable proliferation
to or from Iran, North Korea, or Syria.

Sec. 7. Prohibition on United States assistance to countries
assisting proliferation activities by Iran, North Korea, or Syria.

Sec. 8. Restriction on extraordinary payments in connection
with the International Space Station.

Sec. 9. Exclusion from the United States of senior officials of
foreign persons who have aided proliferation relating to Iran, North Korea, and
Syria.

Sec. 10. Prohibition on certain vessels landing in the United
States; enhanced inspections.

Sec. 11. Sanctions with respect to critical defense resources
provided to or acquired from Iran, North Korea, or Syria.

Sec. 12. Multilateral actions against Iran, North Korea, or
Syria.

Sec. 13. Repeal of waiver of sanctions relating to development
of weapons of mass destruction or other military capabilities.

Sec. 14. Definitions.

Sec. 15. Repeal of Iran, North Korea, and Syria
Nonproliferation Act.

Sec. 16. Rule of construction.

2.

Statement of
policy

It shall be the policy
of the United States to fully implement and enforce sanctions against any
person, entity, or country that assists the proliferation activities or
policies of Iran, North Korea, or Syria.

3.

Imposition of
sanctions against certain foreign persons

(a)

In
general

Not later than 90 days after the day of the enactment of
this Act, the President shall impose, for a period of not less than two years,
the sanctions specified in subsection (c) with respect to a foreign person if
the President determines and certifies to the appropriate congressional
committees that the person—

(1)(A)

on or after September 1,
2007, transferred to or acquired from Iran, North Korea, or Syria—

(i)

goods, services,
or technology listed on—

(I)

the Nuclear
Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and
Technology (published by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) and Guidelines
for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related
Technology (published by the International Atomic Energy Agency as Information
Circular INFCIRC/254/Rev. 3/Part 2, and subsequent revisions);

(II)

the Missile
Technology Control Regime Equipment and Technology Annex of June 11, 1996, and
subsequent revisions;

(III)

the lists of
items and substances relating to biological and chemical weapons the export of
which is controlled by the Australia Group;

(IV)

the Schedule One
or Schedule Two list of toxic chemicals and precursors the export of which is
controlled pursuant to the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;
or

(V)

the Wassenaar
Arrangement list of Dual Use Goods and Technologies and Munitions list of July
12, 1996, and subsequent revisions; or

(ii)

goods, services,
or technology not listed on any list specified in clause (i) but which
nevertheless would be, if such goods, services, or technology were United
States goods, services, or technology, prohibited for export to Iran, North
Korea, or Syria, as the case may be, because of the potential of such goods,
services or technology to contribute to the development of nuclear, biological,
or chemical weapons, or of ballistic or cruise missile systems or destabilizing
types and amounts of conventional weapons; and

(B)

with respect to
the transfer of goods, services, or technology, knew or should have known that
the transfer of goods, services, or technology, to Iran, North Korea, or Syria,
as the case may be, would contribute to the ability of Iran, North Korea, or
Syria, as the case may be, to—

(i)

acquire or develop
chemical, biological, or nuclear weapons or related technologies; or

(ii)

acquire or develop advanced or
destabilizing types and numbers of conventional weapons;

(2)(A)

on or after September 1,
2007, transferred to another person goods, services, or technology described in
paragraph (1)(A)(i) or (ii); and

(B)

knew or should have known that the
transfer of goods, services, or technology to another person would likely
result in such other person exporting, transferring, transshipping, or
otherwise providing the goods, services, technology to the Government of Iran,
North Korea, or Syria, or to a person acting on behalf of or owned or
controlled by, the Government of Iran, North Korea, or Syria, as the case may
be;

(3)

on or after September 1, 2007, acquired
materials mined or otherwise extracted within the territory or control of Iran,
North Korea, or Syria, as the case may be, for purposes relating to the
nuclear, biological, or chemical weapons, or ballistic or cruise missile
development programs of Iran, North Korea, or Syria, as the case may be;

(4)

on or after September 1, 2007, transferred
to Iran, Syria, or North Korea goods, services, or technology that could assist
efforts to extract or mill uranium ore within the territory or control of Iran,
North Korea, or Syria, as the case may be;

(5)

on or after September 1, 2007, provided
destabilizing types and amounts of conventional weapons and technical
assistance to the Government of Iran, North Korea, or Syria, or to a person
acting on behalf of or owned or controlled by, the Government of Iran, North
Korea, or Syria, as the case may be; or

(6)

on or after August 10, 2010, provided a
vessel, insurance or reinsurance, or any other shipping service for the
transportation of goods to or from Iran, North Korea, or Syria for purposes
relating to the nuclear, biological, or chemical weapons, or ballistic or
cruise missile development programs of Iran, North Korea, or Syria, as the case
may be.

(b)

Joint ventures
relating to the mining, production, or transportation of uranium

(1)

In
general

Not later than 90
days after the date of the enactment of this Act, the President shall impose,
for a period of not less than two years, the sanctions specified in subsection
(c) with respect to a foreign person if the President determines that the
person knowingly participated, on or after August 10, 2012, in a joint venture
that involves any activity relating to the mining, production, or
transportation of uranium—

(A)(i)

established on or after
February 2, 2012; and

(ii)

with—

(I)

the Government of Iran, the Government of
North Korea, or the Government of Syria;

(II)

an
entity incorporated and subject to the jurisdiction of the Government of Iran,
in North Korea or subject to the jurisdiction of the Government of North Korea,
or Syria or subject to the jurisdiction of the Government of Syria, as the case
may be; or

(III)

a person acting on behalf of or at the
direction of, or owned or controlled by, the Government of Iran or an entity
described in subclause (II) with respect to Iran, the Government of North Korea
or an entity described in subclause (II) with respect to North Korea, or the
Government of Syria or an entity described in subclause (II) with respect to
Syria, as the case may be; or

(B)(i)

established before
February 2, 2012;

(ii)

with the Government of Iran, an entity
described in subclause (II) of subparagraph (A)(ii) with respect to Iran, or a
person described in subclause (III) of that subparagraph with respect to Iran,
the Government of North Korea, an entity described in subclause (II) of
subparagraph (A)(ii) with respect to North Korea, or a person described in
subclause (III) of that subparagraph with respect to North Korea, or the
Government of Syria, an entity described in subclause (II) of subparagraph
(A)(ii) with respect to Syria, or a person described in subclause (III) of that
subparagraph with respect to Syria, as the case may; and

(iii)

through which—

(I)

uranium is transferred directly to Iran,
North Korea, or Syria, as the case may be, or indirectly to Iran, North Korea,
or Syria, as the case may be, through a third country;

(II)

the Government of Iran, the Government
of North Korea, or the Government of Syria, as the case may be, receives
significant revenue; or

(III)

Iran, North Korea, or Syria, as the
case may be, could, through a direct operational role or by other means,
receive technological knowledge or equipment not previously available to such
country that could contribute materially to the ability of such country to
develop nuclear weapons or related technologies.

(2)

Applicability of
sanctions

Paragraph (1) shall
not apply with respect to participation in a joint venture established before
August 10, 2012, if the person participating in the joint venture terminated,
with respect to Iran, that participation not later than the date that is 180
days after such such date with respect to North Korea and Syria, terminates
that participation not later than the date that is 90 days after the date of
enactment of this Act.

(c)

Description of
sanctions

The sanctions referred to in subsections (a) and (b)
are the following:

(1)

Executive Order
12938 prohibitions

The
measures specified in the first sentence of subsection (b) and subsections (c)
and (d) of section 4 of Executive Order 12938 (50 U.S.C. 1701 note; relating to
proliferation of weapons of mass destruction).

(2)

Arms export
prohibition

Prohibition on United States Government sales to a
person described in subsection (a) or subsection (b) of any item on the United
States Munitions List and termination of sales to such person of any defense
articles, defense services, or design and construction services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.).

(3)

Dual use export
prohibition

Denial of licenses and suspension of existing
licenses for the transfer to a foreign person described in subsection (a) or
subsection (b) of items the export of which is controlled under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.), as in effect pursuant
to the International Emergency Economic Powers Act, or the Export
Administration Regulations.

(4)

Investment
prohibition

Prohibition on any investment by a United States
person in property, including entities, owned or controlled by a foreign person
described in subsection (a) or subsection (b).

(5)

Financing
prohibition

Prohibition on any approval, financing, or guarantee
by a United States person, wherever located, of a transaction by a foreign
person described in subsection (a) or subsection (b).

(6)

Financial
assistance prohibition

Denial by the United States Government of
any credit, credit guarantees, grants, or other financial assistance by any
agency of the United States Government to a foreign person described in
subsection (a) or subsection (b).

(7)

Ban on
investment in equity or debt of sanctioned person

Prohibition on any United States person
from investing in or purchasing significant amounts of equity or debt
instruments of a foreign person described in subsection (a) or subsection
(b).

(8)

Exclusion of
corporate officers

The
Secretary of State shall deny a visa to, and the Secretary of Homeland Security
to exclude from the United States, any alien that the President determines is a
corporate officer or principal of, or a shareholder with a controlling interest
in, a foreign person described in subsection (a) or subsection (b).

(9)

Sanctions on
principal executive officers

The President shall impose on the principal
executive officer or officers of a foreign person described in subsection (a)
or subsection (b), or on persons performing similar functions and with similar
authorities as such officer or officers, any of the sanctions under this
subsection.

(d)

Publication in
Federal Register

(1)

In
general

The Secretary of the Treasury shall publish in the
Federal Register notice of the imposition against a foreign person of sanctions
pursuant to subsection (a) or subsection (b).

(2)

Content

Each
notice published in accordance with paragraph (1) shall include the name and
address (where known) of each foreign person with respect to which sanctions
have been imposed pursuant to subsection (a) of subsection (b).

4.

Determination
exempting a foreign person from the imposition of certain sanctions

(a)

In
general

The imposition of any sanction described in section 3(c)
to a foreign person described in subsection (a) or (b) of section 3 shall cease
to be effective beginning 30 days after the date on which the President
determines and certifies to the appropriate congressional committees
that—

(1)

in the case of a
transfer or acquisition of goods, services, or technology described in section
3(a)(1)—

(A)

such person did
not, on or after September 1, 2007, knowingly transfer to or acquire from Iran,
North Korea, or Syria, as the case may be, such goods, services, or technology
the apparent transfer of which caused such person to be subject to sanctions
under section 3;

(B)

such transfer did not contribute to the
efforts of Iran, North Korea, or Syria, as the case may be, to develop—

(i)

nuclear,
biological, or chemical weapons, or ballistic or cruise missile systems, or
weapons listed on the Wassenaar Arrangement Munitions List of July 12, 1996, or
any subsequent revision of such List; or

such person is subject to the primary
jurisdiction of a government that is an adherent to one or more relevant
nonproliferation regimes or that has a sanctions regime under its governing
foreign law concerning Iran, North Korea, or Syria, and such transfer was made
in accordance with the guidelines and parameters of all such relevant
nonproliferation or sanctions regimes; or

(D)

the government
with primary jurisdiction over such person has imposed meaningful penalties on
such person on account of the transfer of such goods, services, or technology
that caused such person to be subject to sanctions under section 3;

(2)

in the case of an acquisition of materials
mined or otherwise extracted within the territory of Iran, North Korea, or
Syria, as the case may be, described in section 3(a)(2) for purposes relating
to the nuclear, biological, or chemical weapons, or ballistic or cruise missile
development programs of Iran, North Korea, or Syria, as the case may be, such
person did not acquire such materials; or

(3)

in the case of the provision of a vessel,
insurance or reinsurance, or another shipping service for the transportation of
goods to or from Iran, North Korea, or Syria, as the case may be, described in
section 3(a)(3) for purposes relating to the nuclear, biological, or chemical
weapons, or ballistic or cruise missile development programs of Iran, North
Korea, or Syria, as the case may be, such person did not provide such a vessel
or service.

(b)

Opportunity To
provide information

Congress urges the President—

(1)

in every
appropriate case, to contact in a timely fashion each person described in
subsection (a) or (b) of section 3, or the government with primary jurisdiction
over such person, in order to afford such person, or such government, the
opportunity to provide explanatory, exculpatory, or other additional
information with respect to the transfer that caused such person to be subject
to sanctions under section 3; and

(2)

to exercise the authority described in
subsection (a) in all cases in which information obtained from each person
described in subsection (a) or (b) of section 3, or from the government with
primary jurisdiction over such person, establishes that the exercise of such
authority is warranted.

(c)

Form of
transmission

(1)

In
general

Except as provided in paragraph (2), the determination
and report of the President under subsection (a) shall be transmitted in
unclassified form.

(2)

Exception

The
determination and report of the President under subsection (a) may be
transmitted in classified form if the President certifies to the appropriate
congressional committees that it is vital to the national security interests of
the United States to do so.

5.

Restrictions on
nuclear cooperation with countries aiding proliferation by Iran, North Korea,
or Syria

(a)

In
general

(1)

Restrictions

Notwithstanding any other provision of law,
on or after the date of the enactment of this Act—

(A)

no agreement for
cooperation between the United States and the government of any country that is
assisting the nuclear program of Iran, North Korea, or Syria, or transferring
advanced conventional weapons or missiles to Iran, North Korea, or Syria may be
submitted to the President or to Congress pursuant to section 123 of the Atomic
Energy Act of 1954 (42 U.S.C. 2153),

(B)

no such agreement
may enter into force with respect to such country,

(C)

no license may be
issued for export directly or indirectly to such country of any nuclear
material, facilities, components, or other goods, services, or technology that
would be subject to such agreement, and

(D)

no approval may be
given for the transfer or retransfer directly or indirectly to such country of
any nuclear material, facilities, components, or other goods, services, or
technology that would be subject to such agreement,

until the
President makes the determination and report under paragraph (2).(2)

Determination
and report

The determination and report referred to in paragraph
(1) are a determination and report by the President, submitted to the Committee
on Foreign Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate, that—

(A)

Iran, North Korea,
or Syria, as the case may, has ceased its efforts to design, develop, or
acquire a nuclear explosive device or related materials or technology;
or

(B)

the government of
the country that is assisting the nuclear programs of Iran, North Korea, or
Syria, as the case may be, or transferring advanced conventional weapons or
missiles to Iran, North Korea, or Syria, as the case may be—

(i)

has suspended all
nuclear assistance to Iran, North Korea, or Syria, as the case may be, and all
transfers of advanced conventional weapons and missiles to Iran, North Korea,
or Syria, as the case may be; and

(ii)

is committed to
maintaining that suspension until Iran, North Korea, or Syria, as the case may
be, has implemented measures that would permit the President to make the
determination described in subparagraph (A).

(b)

Rules of
construction

The restrictions described in subsection
(a)(1)—

(1)

shall apply in
addition to all other applicable procedures, requirements, and restrictions
described in the Atomic Energy Act of 1954 and other applicable Acts;

(2)

shall not be
construed as affecting the validity of an agreement for cooperation between the
United States and the government of a country that is in effect on the date of
the enactment of this Act; and

(3)

shall not be
construed as applying to assistance for the Bushehr nuclear reactor, unless
such assistance is determined by the President to be contributing to the
efforts of Iran to develop nuclear weapons.

(c)

Definitions

In
this section:

(1)

Agreement for
cooperation

The term agreement for cooperation has
the meaning given that term in section 11 b. of the Atomic Energy Act of 1954
(42 U.S.C. 2014 b.).

(2)

Assisting the
nuclear program of iran, north korea, or syria

The term
assisting the nuclear program of Iran, North Korea, or Syria means
the intentional transfer to Iran, North Korea, or Syria by a government, or by
a person subject to the jurisdiction of a government with the knowledge and
acquiescence of that government, of goods, services, or technology listed on
the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material,
Equipment and Technology (published by the International Atomic Energy Agency
as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions),
or the Nuclear Suppliers Group Guidelines for Transfers of Nuclear-Related
Dual-Use Equipment, Material, and Related Technology (published by the
International Atomic Energy Agency as Information Circular INFCIR/254/Rev.
3/Part 2, and subsequent revisions).

(3)

Country that is
assisting the nuclear program of iran, north korea, or syria or transferring
advanced conventional weapons or missiles to iran, north korea, or
syria

The term country that is assisting the nuclear
program of Iran, North Korea, or Syria or transferring advanced conventional
weapons or missiles to Iran, North Korea, or Syria means any country
determined by the President to be assisting the nuclear program of Iran, North
Korea, or Syria or transferring advanced conventional weapons or missiles to
Iran, North Korea, or Syria.

(4)

Transfer

The
term transfer means the conveyance of technological or
intellectual property, or the conversion of intellectual or technological
advances into marketable goods, services, or articles of value, developed and
generated in one place, to another through illegal or illicit means to a
country, the government of which the Secretary of State has determined, for
purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (as in
effect pursuant to the International Emergency Economic Powers Act; 50 U.S.C.
1701 et seq.), section 40(d) of the Arms Export Control Act (22 U.S.C.
2780(d)), and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371), is a government that has repeatedly provided support for acts of
international terrorism.

(5)

Transferring
advanced conventional weapons or missiles to iran, north korea, or
syria

The term transferring advanced conventional weapons
or missiles to Iran, North Korea, or Syria means the intentional
transfer to Iran, North Korea, or Syria by a government, or by a person subject
to the jurisdiction of a government with the knowledge and acquiescence of that
government, of goods, services, or technology listed on—

(A)

the Wassenaar
Arrangement list of Dual Use Goods and Technologies and Munitions list of July
12, 1996, and subsequent revisions; or

(B)

the Missile
Technology Control Regime Equipment and Technology Annex of June 11, 1996, and
subsequent revisions.

6.

Identification of
countries that enable proliferation to or from Iran, North Korea, or
Syria

(a)

Annual
report

Not later than 90 days
after the date of the enactment of this Act, and every 120 days thereafter, the
President shall transmit to the appropriate congressional committees and make
available to the public a report that identifies each person subject to
sanctions under section 3 and each foreign country that allows one or more
persons under the jurisdiction of such country to engage in activities that are
sanctionable under section 3 despite requests by the United States Government
to the government of such country to prevent such activities.

(b)

Form

The report required under subsection (a)
shall be submitted in unclassified form, but may contain a classified annex if
necessary to protect United States national security interests.

7.

Prohibition on
United States assistance to countries assisting proliferation activities by
Iran, North Korea, or Syria

(a)

In
general

The President shall prohibit assistance (other than
humanitarian assistance) under the Foreign Assistance Act of 1961 and shall not
issue export licenses for defense articles or defense services under the Arms
Export Control Act to—

(1)

a
foreign country the government of which the President has received credible
information is assisting Iran, North Korea, or Syria in the acquisition,
development, or proliferation of weapons of mass destruction or ballistic
missiles; or

(2)

a
foreign country identified in the most-recent report transmitted to the
appropriate congressional committees under section 6(a).

(b)

Resumption of
assistance

The President is
authorized to provide assistance described in subsection (a) to a foreign
country subject to the prohibition in subsection (a) if the President
determines and notifies the appropriate congressional committees that there is
credible information that the government of the country is no longer assisting
Iran, North Korea, or Syria in the acquisition, development, or proliferation
of weapons of mass destruction or ballistic missiles and has taken appropriate
steps to correct the behavior that resulted in it being included in the report
in section 6(A).

(c)

Definition

In
this section, the term assisting means providing material or
financial support of any kind, including purchasing of material, technology or
equipment from Iran, North Korea, or Syria.

8.

Restriction on
extraordinary payments in connection with the International Space
Station

(a)

Restriction

(1)

In
general

Notwithstanding any other provision of law, no agency of
the United States Government may make extraordinary payments in connection with
the International Space Station to the Russian Aviation and Space Agency, any
organization or entity under the jurisdiction or control of the Russian
Aviation and Space Agency, or any other organization, entity, or element of the
Government of the Russian Federation, unless, during the fiscal year in which
such extraordinary payments are to be made, the President has made the
determination described in subsection (b), and reported such determination to
the Committee on Foreign Affairs and the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on Foreign
Relations and the Committee on Commerce, Science, and Transportation of the
Senate.

(2)

Waiver

If the President is unable to make the
determination described in subsection (b) with respect to a fiscal year in
which extraordinary payments in connection with the International Space Station
are to be made, the President is authorized to waive the application of
paragraph (1) on a case-by-case basis with respect to the fiscal year if not
less than 15 days prior to the date on which the waiver is to take effect the
President submits to the appropriate congressional committees a report that
contains—

(A)

the reasons why the determination described
in subsection (b) cannot be made;

(B)

the amount of the
extraordinary payment to be made under the waiver;

(C)

the steps being
undertaken by the United States to ensure compliance by the Russian Federation
with the conditions described in subsection (b); and

(D)

a determination of
the President that the waiver is vital to the national interests of the United
States.

The determination referred to in
subsection (a) is a determination by the President that—

(1)

it is the policy
of the Government of the Russian Federation (including the law enforcement,
export promotion, export control, and intelligence agencies of such Government)
to oppose the proliferation to or from Iran, North Korea, and Syria of weapons
of mass destruction and missile systems capable of delivering such
weapons;

(2)

the Government of
the Russian Federation (including the law enforcement, export promotion, export
control, and intelligence agencies of such Government) has demonstrated and
continues to demonstrate a sustained commitment to seek out and prevent the
transfer to or from Iran, North Korea, and Syria of goods, services, and
technology that could make a contribute to the nuclear, biological, or chemical
weapons, or of ballistic or cruise missile systems development programs of
Iran; and

(3)

neither the
Russian Aviation and Space Agency, nor any organization or entity under the
jurisdiction or control of the Russian Aviation and Space Agency, has, during
the one-year period ending on the date of the determination under this
subsection made transfers to or from Iran, North Korea, or Syria subject to
sanctions under section 3(a) (other than transfers with respect to which a
determination pursuant to section 5 has been or will be made).

(c)

Prior
notification

Not less than five days before making a
determination under this section, the President shall notify the Committee on
Foreign Affairs and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Commerce, Science, and Transportation of the Senate of the
President’s intention to make such a determination.

(d)

Written
justification

A determination of the President under this section
shall include a written justification describing in detail the facts and
circumstances supporting the President’s conclusion.

(e)

Transmission in
classified form

If the
President considers it appropriate, a determination of the President under this
section, a prior notification under subsection (c), and a written justification
under subsection (d), or appropriate parts thereof, may be transmitted in
classified form.

(f)

Exception for
crew safety

(1)

Exception

The National Aeronautics and Space
Administration may make extraordinary payments in connection with the
International Space Station to the Russian Aviation and Space Agency or any
organization or entity under the jurisdiction or control of the Russian
Aviation and Space Agency, or any subcontractor thereof, that would otherwise
be prohibited under this section if the President notifies Congress in writing
that such payments are necessary to prevent the imminent loss of life of or
grievous injury to individuals aboard the International Space Station.

(2)

Report

Not
later than 30 days after notifying Congress that the National Aeronautics and
Space Administration will make extraordinary payments under paragraph (1), the
President shall transmit to Congress a report describing—

(A)

the extent to
which the provisions of subsection (b) had been met as of the date of
notification; and

(B)

the measures that
the National Aeronautics and Space Administration is taking to ensure
that—

(i)

the
conditions posing a threat of imminent loss of life of or grievous injury to
individuals aboard the International Space Station necessitating the
extraordinary payments are not repeated; and

(ii)

it
is no longer necessary to make extraordinary payments in order to prevent
imminent loss of life of or grievous injury to individuals aboard the
International Space Station.

(g)

Service Module
exception

(1)

In
general

The National
Aeronautics and Space Administration may make extraordinary payments in
connection with the International Space Station to the Russian Aviation and
Space Agency, any organization or entity under the jurisdiction or control of
the Russian Aviation and Space Agency, or any subcontractor thereof, that would
otherwise be prohibited under this section for the construction, testing,
preparation, delivery, launch, or maintenance of the Service Module, and for
the purchase (at a total cost not to exceed $14,000,000) of the pressure dome
for the Interim Control Module and the Androgynous Peripheral Docking Adapter
and related hardware for the United States propulsion module, if—

(A)

the President has
notified Congress at least five days before making such payments;

(B)

the entity is not
subject to sanctions under section 3(a) with respect to an activity of the
entity to receive such payment, and the President has no credible information
of any activity that would require such a report; and

(C)

the United States
will receive goods or services of value to the United States commensurate with
the value of the extraordinary payments made.

(2)

Definition

For
purposes of this subsection, the term maintenance means activities
that cannot be performed by the National Aeronautics and Space Administration
and which must be performed in order for the Service Module to provide
environmental control, life support, and orbital maintenance functions which
cannot be performed by an alternative means at the time of payment.

(3)

Termination

This
subsection shall cease to be effective on the date that is 60 days after the
date on which a United States propulsion module is in place at the
International Space Station.

(h)

Exception

No
agency of the United States Government may make extraordinary payments in
connection with the International Space Station, or any other payments in
connection with the International Space Station, to any foreign person subject
to measures applied pursuant to section 4 of Executive Order 12938 (November
14, 1994), as amended by Executive Order 13094 (July 28, 1998).

(i)

Report on
certain payments related to International Space Station

(1)

In
general

The President shall transmit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the House of
Representatives a report that identifies each Russian entity or person to whom
the United States Government has, since November 22, 2005, made a payment in
cash or in kind for work to be performed or services to be rendered under the
Agreement Concerning Cooperation on the Civil International Space Station, with
annex, signed at Washington January 29, 1998, and entered into force March 27,
2001, or any protocol, agreement, memorandum of understanding, or contract
related thereto.

(2)

Content

Each
report transmitted under paragraph (1) shall include—

(A)

the specific
purpose of each payment made to each entity or person identified in such
report; and

(B)

with respect to
each such payment, the assessment of the President that the payment was not
prejudicial to the achievement of the objectives of the United States
Government to prevent the proliferation of ballistic or cruise missile systems
in Iran and other countries that have repeatedly provided support for acts of
international terrorism, as determined by the Secretary of State under section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or section
40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).

9.

Exclusion from
the United States of senior officials of foreign persons who have aided
proliferation relating to Iran, North Korea, and Syria

Except as provided in subsection (b), the
Secretary of State shall deny a visa to, and the Secretary of Homeland Security
shall exclude from the United States, any alien whom the Secretary of State
determines is an alien who, on or after the date of the enactment of this Act,
is a—

(1)

corporate officer,
principal, or shareholder with a controlling interest of a foreign person
subject to sanctions under section 3(a);

(2)

corporate officer,
principal, or shareholder with a controlling interest of a successor entity to,
or a parent or subsidiary of, a foreign person identified in such a
report;

(3)

corporate officer,
principal, or shareholder with a controlling interest of an affiliate of a
foreign person identified in such a report, if such affiliate engaged in the
activities referred to in such report, and if such affiliate is controlled in
fact by the foreign person identified in such report; or

(4)

spouse, minor
child, or agent of a person excludable under paragraph (1), (2), or (3).

10.

Prohibition on
certain vessels landing in the United States; enhanced
inspections

Prohibition on
certain vessels landing in the United States; enhanced inspections

(a)

Certification
requirement

(1)

In
general

Beginning on the date
of enactment of the Iran, North Korea, and Syria Nonproliferation
Accountability Act of 2013, before a vessel arrives at a port in the United
States, the owner, charterer, operator, or master of the vessel shall certify
that the vessel did not enter a port in Iran, North Korea, or Syria during the
180-day period ending on the date of arrival of the vessel at the port in the
United States.

(2)

False
certifications

The Secretary shall prohibit from landing at a
port in the United States for a period of at least 2 years—

(A)

any vessel for
which a false certification was made under section (a); and

(B)

any other vessel
owned or operated by a parent corporation, partnership, association, or
individual proprietorship of the vessel for which the false certification was
made.

(b)

Enhanced
inspections

The Secretary shall—

(1)

identify foreign
ports at which vessels have landed during the preceding 12-month period that
have also landed at ports in Iran, North Korea, or Syria during that period;
and

(2)

inspect vessels arriving in the United
States from foreign ports identified under paragraph (1) to establish whether
the vessel was involved, during the 12-month period ending on the date of
arrival of the vessel at the port in the United States, in any activity that
would be subject to sanctions under the Iran,
North Korea, and Syria Nonproliferation Accountability Act of
2013.

.

11.

Sanctions with
respect to critical defense resources provided to or acquired from Iran, North
Korea, or Syria

(a)

In
general

The President shall
impose the sanctions described in subsection (b) to any person the President
determines is, on or after the date of the enactment of this Act, providing to,
or acquiring from, Iran, North Korea, or Syria any goods, services, or
technology the person knows, or should know, is used, or is likely to be used,
for military application.

(b)

Sanctions
described

The sanctions described in this subsection are, with
respect to a person described in subsection (a), the following:

(1)

Foreign
exchange

Prohibiting any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in which that person
has any interest.

(2)

Banking
transactions

Prohibiting any transfers of credit or payments
between financial institutions or by, through, or to any financial institution,
to the extent that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of that person.

(3)

Property
transactions

Prohibiting any person from—

(A)

acquiring,
holding, withholding, using, transferring, withdrawing, transporting, or
exporting any property that is subject to the jurisdiction of the United States
and with respect to which the person described in subsection (a) has any
interest;

(B)

dealing in or
exercising any right, power, or privilege with respect to such property;
or

(C)

conducting any
transaction involving such property.

(4)

Loan
guarantees

Prohibiting the head of any Federal agency from
providing a loan guarantee to that person.

Before issuing a license for the exportation of any
article pursuant to an agreement for cooperation under section 123 of the
Atomic Energy Act of 1954 (42 U.S.C. 2153) or approving a loan guarantee or any
other assistance provided by the United States Government with respect to a
nuclear energy project, the Secretary of Energy, the Secretary of Commerce, and
the Nuclear Regulatory Commission shall certify to Congress that issuing the
license or approving the loan guarantee or other assistance (as the case may
be) will not permit the transfer of any good or technology described in
subsection (a) to Iran, North Korea, or Syria.

(d)

Exception

The sanctions described in subsection (b)
shall not apply to the repayment or other satisfaction of a loan or other
obligation incurred under a program of the Export-Import Bank of the United
States, as in effect as of the date of the enactment of this Act.

12.

Multilateral
actions against Iran, North Korea, or Syria

(a)

Prohibition on
United States assistance to the International Atomic Energy Agency

(1)

Prohibition

No funds from any United States assessed or
voluntary contribution to the International Atomic Energy Agency (IAEA) may be
used to support any assistance provided by the IAEA through its Technical
Cooperation Program to Iran, North Korea, or Syria.

(2)

Waiver

The
provisions of paragraph (1) may be waived if—

(A)

the IAEA has suspended all assistance
provided through its Technical Cooperation Program to Iran, North Korea, and
Syria; and

(B)

the President certifies that Iran, North
Korea, and Syria—

(i)

no
longer pose a threat to the national security, interests, and allies of the
United States; and

(ii)

are
no longer in violation of their international nonproliferation obligations and
United Nations Security Council resolutions.

(3)

United States
actions at IAEA

The President
shall direct the United States Permanent Representative to the IAEA to use the
voice, vote, and influence of the United States at the IAEA to block the
allocation of funds for any assistance provided by the IAEA through its
Technical Cooperation Program to Iran, North Korea, or Syria.

(b)

Declaration of
policy relating to Nuclear Nonproliferation Treaty

(1)

Findings

Congress finds the following:

(A)

The Governments of
Iran, North Korea, and Syria are in clear violation of international
nonproliferation agreements and United Nations Security Council
resolutions.

(B)

The pursuit by the Governments of Iran,
North Korea, and Syria of covert nuclear activities and their refusal to
cooperate with the International Atomic Energy Agency in its past and current
investigations into their nuclear programs are further evidence of their
disregard for their nonproliferation obligations.

(C)

The Governments of Iran, North Korea, and
Syria are not in good standing with respect to their nonproliferation
obligations.

(D)

The actions of the Governments of Iran,
North Korea, and Syria have demonstrated their respective nuclear programs are
not for peaceful use.

(2)

Declaration of
policy

Congress declares that the Governments of Iran, North
Korea, and Syria have forfeited all privileges under the Treaty on the
Nonproliferation of Nuclear Weapons, including access to nuclear equipment,
materials, and information.

(3)

Denial of NPT
privileges to Iran, North Korea, and Syria

The United States Permanent Representative
to the United Nations and the United States Permanent Representative to the
International Atomic Energy Agency shall use the voice, vote, and influence of
the United States to secure adoption of a resolution at the United Nations
Security Council and at the IAEA declaring that Iran, North Korea, and Syria
have forfeited all privileges under the Treaty on the Nonproliferation of
Nuclear Weapons.

(c)

Report

Not
later than 90 days after the date of the enactment of this Act, the President
shall transmit to the appropriate congressional committees a report on the
implementation of this section.

13.

Repeal of waiver
of sanctions relating to development of weapons of mass destruction or other
military capabilities

in subparagraph
(B) (as redesignated by paragraph (2) of this section)—

(A)

by striking
or (B) each place it appears; and

(B)

by striking
, as applicable.

14.

Definitions

In this Act:

(1)

Adherent to
relevant nonproliferation regime

A government is an
adherent to a relevant nonproliferation regime if
such government—

(A)

is a member of the
Nuclear Suppliers Group with respect to a transfer of goods, services, or
technology described in section 3(a)(1)(A)(i);

(B)

is a member of the
Missile Technology Control Regime with respect to a transfer of goods,
services, or technology described in section 3(a)(1)(A)(ii), or is a party to a
binding international agreement with the United States that was in effect on
January 1, 1999, to control the transfer of such goods, services, or technology
in accordance with the criteria and standards set forth in the Missile
Technology Control Regime;

(C)

is a member of the
Australia Group with respect to a transfer of goods, services, or technology
described in section 3(a)(1)(A)(iii);

(D)

is a party to the
Convention on the Prohibition of the Development, Production, Stockpiling and
Use of Chemical Weapons and on Their Destruction with respect to a transfer of
goods, services, or technology described in section 3(a)(1)(A)(iv); or

(E)

is a member of the
Wassenaar Arrangement with respect to a transfer of goods, services, or
technology described in section 3(a)(1)(A)(v).

(2)

Appropriate
congressional committees

The term appropriate congressional
committees means the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.

(3)

Extraordinary
payments in connection with the International Space Station

The
term extraordinary payments in connection with the International Space
Station means payments in cash or in kind made or to be made by the
United States Government—

(A)

for work on the
International Space Station which the Government of the Russian Federation
pledged at any time to provide at its expense, or

(B)

for work on the
International Space Station not required to be made under the terms of a
contract or other agreement that was in effect on January 1, 1999, as such
terms were in effect on such date,

except that
such term does not mean payments in cash or in kind made or to be made by the
United States Government before December 31, 2020, for work to be performed or
services to be rendered before such date necessary to meet United States
obligations under the Agreement Concerning Cooperation on the Civil
International Space Station, with annex, signed at Washington January 29, 1998,
and entered into force March 27, 2001, or any protocol, agreement, memorandum
of understanding, or contract related thereto.(4)

Foreign
person

The term foreign person means—

(A)

a natural person
who is an alien;

(B)

a corporation,
business association, partnership, society, trust, or any other nongovernmental
entity, organization, or group, successor, subunit, or subsidiary organized
under the laws of a foreign country or that has its principal place of business
in a foreign country; and

(C)(i)

any foreign government;
or

(ii)

any foreign government agency or
entity.

(5)

Knowingly

The
term knowingly, with respect to conduct, a circumstance, or a
result, means that a person knew, or should have known, of the conduct, the
circumstance, or the result of such conduct, circumstance, or result.

(6)

Organization or
entity under the jurisdiction or control of the Russian Aviation and Space
Agency

(A)

Definition

The
term organization or entity under the jurisdiction or control of the
Russian Aviation and Space Agency means an organization or entity
that—

(i)

was
made part of the Russian Space Agency upon its establishment on February 25,
1992;

(ii)

was
transferred to the Russian Space Agency by decree of the Government of the
Russian Federation on July 25, 1994, or May 12, 1998;

(iii)

was or is
transferred to the Russian Aviation and Space Agency or Russian Space Agency by
decree of the Government of the Russian Federation at any other time before,
on, or after March 14, 2000; or

(iv)

is
a joint stock company in which the Russian Aviation and Space Agency or Russian
Space Agency has at any time held controlling interest.

(B)

Extension

Any
organization or entity described in subparagraph (A) shall be deemed to be
under the jurisdiction or control of the Russian Aviation and Space Agency
regardless of whether—

(i)

such
organization or entity, after being part of or transferred to the Russian
Aviation and Space Agency or Russian Space Agency, is removed from or
transferred out of the Russian Aviation and Space Agency or Russian Space
Agency; or

(ii)

the
Russian Aviation and Space Agency or Russian Space Agency, after holding a
controlling interest in such organization or entity, divests its controlling
interest.

(7)

Subsidiary

The term subsidiary means an
entity (including a partnership, association, trust, joint venture,
corporation, or other organization) of a parent company that controls, directly
or indirectly, the other entity.

(8)

Transfer or
transferred

The term transfer or
transferred, with respect to a good, service, or technology,
includes—

(A)

the conveyance of
technological or intellectual property; and

(B)

the conversion of technological or
intellectual advances into marketable goods, services, or technology of value
that is developed and generated in one location and transferred to another
location through illegal or illicit means.

(9)

United States
person

The term United States person means—

(A)

a natural person
who is a citizen or resident of the United States; or

(B)

an entity that is
organized under the laws of the United States or any State or territory
thereof.

The term technical assistance means
providing of advice, assistance, and training pertaining to the installation,
operation, and maintenance of equipment for destabilizing types and forms of
conventional weapons.

Any reference in a law, regulation,
document, or other record of the United States to the Iran, North Korea, and
Syria Nonproliferation Act shall be deemed to be a reference to this
Act.

16.

Rule of
construction

Nothing in this
Act or the amendments made by this Act—

(1)

shall be construed
to limit the authority of the President to impose additional sanctions pursuant
to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.),
relevant Executive orders, and other provisions of law; or

(2)

shall apply to the
authorized intelligence activities of the United States.